Your Right to File a Mesothelioma Law Suit
Do date, asbestos is
the only known cause of mesothelioma cancer. From as far back as the 1950s,
most of the companies that made asbestos-containing products knew
that their products were harmful to workers, including the risk
of developing mesothelioma. Even though they had this knowledge, these
companies did not warn any workers of these dangers or take any action
to protect them.
For most
cases, any person who has been diagnosed with mesothelioma has the
right to recover financial compensation and the spouse of the person diagnosed
also has a claim for injuries.
When a person
who has been diagnosed with mesothelioma has died, his wife, children, or designated
person from the will have the right to file a mesothelioma case
against the asbestos manufacturers that caused the disease.
Statute
of Limitations
If it turns out you have
been diagnosed with mesothelioma or if a loved one who has been diagnosed with
mesothelioma is deceased, your case must be filed within the statute
of limitations.
The statute of
limitations is the time by which a person must file a lawsuit
after a claim arises. If there is a dealy and a lawsuit is not filed by that date,
the person will forever be barred from seeking compensation for
their injuries.
In the USA, each state has
its own statute of limitations for filing a lawsuit. Generally,
in most cases the statute of limitations for filing a mesothelioma lawsuit is
one or two years from the date a person is diagnosed with the
disease or, in the case of a wrongful death, the date that a person
died of mesothelioma. It is very important to contact a mesothelioma
asbestos lawyer soon before the statute of limitation passes.
Contingency
Contracts – Payment to your Mesothelioma Asbestos Lawyer
The mesothelioma
asbestos lawyer you choose will represent you in your mesothelioma lawsuit
on a contingency basis. What this means is that your mesothelioma asbestos
lwayer is only paid after there has been a cash settlement with an
asbestos company. If there is no mesothelioma settlement, you
will not pay anything to your mesothelioma asbestos attorney.
Identifying the Manufacturers of Asbestos Products
Before you can even
file a lawsuit for mesothelioma, your asbestos lawyer
must know which of the asbestos companies to sue. It is your attorny's job to find out about your asbestos exposure
and which companies that need to be included in the mesothelioma lawsuit.
To make this happen,
your mesothelioma attorney will find out when and where
you were exposed to asbestos products, and what type of jobs you
did when you were employed. Later your lawyer will show you
pictures of asbestos products that you may have been exposed
to see if you recognize any of the products. In addition, if you
have trouble remembering the products, your mesothelioma asbestos
lawyer will investigate the company locations where you worked and talk
with co-workers to find out more about the asbestos products.
Filing
the Mesothelioma Law Suit
After your mesothelioma
attorney has identified the asbestos companies, your
mesothelioma law firm will file the lawsuit naming those companies
as defendants. In this way, your case will not be filed as a class action.
It will be filed as an individual mesothelioma lawsuit.
Your mesothelioma
case will be filed in the state that your asbestos lawyer determines
will provide you with the best chances of recovering the most
compensation. Sometimes this may not be the state where you live or even where
you were exposed because of differences in the laws of each state.
If your case is not filed where you live, you will not have to
pay more than if it the lawsuit were filed in your state.
There are some
companies responsible for your mesothelioma cannot be sued in
court because they have been granted protection under the bankruptcy
laws. Many of those companies, however, have set aside significant
amounts of money to pay for injuries from their asbestos products.
Although these companies will not be part of the filed lawsuit,
your asbestos attorneys will recover settlements
of your claims from these other companies as well.
Financial Compensation
for your Mesothelioma Injuries
You are entitled
to different types of compensation for the injuries you have suffered
from Mesothelioma. These financial damages include lost income, future
lost income, current and future medical expenses, compensation
for your and your family’s pain and suffering, and, in some
cases, punitive damages against the asbestos companies because
of their conduct.
The dollar amount
of compensation for your mesothelioma injuries will depend on
a number of factors, such as the extent of your exposure, the
asbestos products you were exposed to, the dates and locations of your
asbestos exposure, and the experience and resources of your attorneys. Although this amount varies significantly,
the average mesothelioma case settles in the range of $750,000
to $8 million. See Verdicts and Settlements.